AA Car Data Check Terms and Conditions

IMPORTANT: KEEP THESE TERMS IN A SAFE PLACE, TOGETHER WITH YOUR AA CAR DATA CHECK RESULTS AND THE DOCUMENTS REFERRED TO IN CLAUSE 10. THE AA CAR DATA CHECK IS INTENDED TO HELP YOU MAKE AN INFORMED BUYING DECISION. PLEASE ENSURE THAT YOU READ AND UNDERSTAND THESE TERMS AND CONTACT US IF YOU HAVE ANY QUERIES BECAUSE YOU WILL BE BOUND BY THE TERMS ONCE A CONTRACT COMES INTO EXISTENCE BETWEEN US IN ACCORDANCE WITH CLAUSE 1.2. WE RELY ON YOU TO PROVIDE FULL AND ACCURATE DATA, AND TO OBTAIN AND CHECK ALL RELEVANT VEHICLE DOCUMENTATION. TO BENEFIT FROM THE HPI GUARANTEE, YOU MUST HAVE PROVIDED US WITH ALL INFORMATION REQUESTED BEFORE COMPLETING YOUR PURCHASE.
  1. General

    1. 1.1 In these terms and conditions (the "Terms") the following expressions shall have the following meanings:-
      "AA Car Data Check" means an enquiry submitted by you either online or by telephone;
      "Contract" means the contract between you and us for the supply of the Information made subject to these Terms;
      "Information" means the information supplied by us relating to a motor vehicle recorded on our database including these Terms and all other durable information required under The Consumer Protection Distance Selling Regulations 2000;
      "we"/ "us"/ "ours" means or refers to HPI Limited, a company registered in England with number 4068979 whose registered office is at Dolphin House, New Street, Salisbury SP1 2PH, who provides the Information to you;
      "Website" means the www.theaa.com website: and,
      "you"/ "your" means or refers to you, the customer, who submits the AA Car Data Check and receives the Information (in each case subject to these Terms).
    2. 1.2 When you request an AA Car Data Check from us, this constitutes an offer by you to enter into a Contract with us subject to these Terms. A Contract will only come into existence between you and us when we provide you the Information in response to your request. The order is an offer by you to enter into a binding Contract with us, which we are free to accept or decline at our absolute discretion.
    3. 1.3 We consider these Terms to set out the whole agreement between you and us for the supply of the AA Car Data Check. These Terms only apply to our contracts with consumers. We will despatch either by email or by post to your address (as notified to us by you with your AA Car Data Check), written confirmation (Certificate of Confirmation) containing a written copy of the Information and these Terms for your records.
    4. 1.4 When submitting your request at our Website, it is your responsibility to complete the screens fully and correctly. When submitting your AA Car Data Check over the telephone, you must provide us with accurate and complete information. It is also your responsibility when using HPI's services to notify us if we supply any Information which you know or suspect is incorrect or incomplete.
  2. Charges

    You will pay us our charges for the AA Car Data Check at our current levels from time to time, by credit card or any other payment method we accept (details of which are available at the Website or from our call centre operator), before we send you the Information.
  3. Your right to Cancel

    If with your agreement we provide the Information before the cancellation period ends under The Consumer Protection Distance Selling Regulations 2000, then your right to cancel will end as soon as we provide the Information.
  4. Use of your Personal Data

    We obtain and hold vehicle and associated data from many sources, including finance companies, insurers, vehicle owners and the police. This data is used to protect both those making searches and the owners of vehicles on HPI's registers. You agree and consent to us disclosing relevant information about you (including your name, address and details of your usage of HPI's services) to any person to whom we consider that it would be expedient to do so, for the purposes of preventing, detecting or discouraging crime, for the apprehension or prosecution of offenders, or for the recovery of stolen vehicles or other property. Without limiting the foregoing, you expressly agree and consent to us disclosing any such information about you to:-
    1. a person claiming to be the owner of a vehicle against which you have submitted an AA Car Data Check
    2. the police or other law enforcement authorities
    3. the AA.
  5. Your use of the Information

    The Information we provide to you is for your own personal use. Accordingly you must not sell, supply or otherwise disclose the Information to any third party, You are permitted to supply, free of charge, a printed copy of the Information to any potential purchaser or the seller of a vehicle to which the Information relates (in the course of negotiating the purchase or sale of the vehicle) provided that the Information is in the form supplied by us (without amendment to any of the contents).
  6. The HPI Guarantee & Exclusion/Limitation of Liability

    1. 6.1 The Information we supply includes data supplied to us from a number of third party sources which we do not warrant as accurate. The AA Car Data Check therefore includes a guarantee (the "HPI Guarantee") which is designed to cover key types of financial loss ("Loss", as described below at Condition 8) that you may suffer should your AA Car Data Check provide any untrue, inaccurate or incomplete Information. The HPI Guarantee is subject to certain conditions and exclusions which may affect your ability to make a claim under it.
    2. 6.2 We do not warrant that the Information is true, correct or complete and subject to 6.3 below we shall not (other than upon the terms of the HPI Guarantee) be liable in any circumstances for any loss or damage arising from any inaccuracies, faults or omissions in the Information, unless caused by our negligence or wilful default;
    3. 6.3 We do not limit or exclude our liability for:
        1. death or personal injury caused by our negligence; or
        2. fraud or fraudulent misrepresentation; or
        3. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Services and Services Act 1982; or
        4. losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
        5. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
    4. 6.4 We shall not be liable for the accuracy of, or any loss or damage arising from, any Information we supply to you as a result of any incomplete or inaccurate data or information you supply to us or as a result of any other fault attributable to you.
    5. 6.5 Except as expressly provided in the Contract, all other conditions, terms and warranties, express or implied by statute or otherwise are excluded to the fullest extent permitted by law.
    6. 6.6 Each provision of this Condition 6 is to be construed as a separate limitation applying and surviving even if for any reason one or the other of the said provisions is held inapplicable or unreasonable in any circumstances, and shall remain in force notwithstanding the performance of the Contract.
  7. Duration of HPI Guarantee

    The HPI Guarantee is effective for a period of two years from the date of your AA Car Data Check (the "Guarantee Period"). No claims submitted outside this period will be considered.
  8. What your HPI Guarantee does and does not cover

    1. 8.1 The Loss which the HPI Guarantee covers means either:
      1. 8.1.1 a reduction in the market value of the vehicle where the vehicle has been established to our satisfaction as having been written off or declared an "Insurance Total Loss" (as defined in our Glossary of Terms on our website) which was not recorded on the Condition Alert Register (as defined in our Glossary of Terms on our website) at the time of your AA Car Data Check calculated as follows: - the difference between the market value or value paid, (whatever the lower) and the Actual Value of the Vehicle, (as determined through sale at auction) or 50% of the market value of the vehicle (whatever the higher); or
      2. 8.1.2 in the event you fail to acquire good title to the vehicle, as a result of inaccurate or incomplete information supplied in the AA Car Data Check, either (at our sole option) our choice of:- the lower of the vehicle's purchase price or market value at the time of sale, or a sum necessarily paid or payable to acquire good title to the vehicle;
    The HPI Guarantee excludes any loss you suffer which is not a reasonably foreseeable consequence of us providing the inaccurate or incomplete information to you. A loss is foreseeable if it could be anticipated by you and us at the time the AA Car Data Check is made. The HPI Guarantee also excludes any actual or anticipated profit which you would have made, and any item of improvement, including any addition or alteration, made to the vehicle by you.
    For the purpose of quantifying your Loss, the market value of the vehicle will be calculated by reference either to the price you paid for it or its retail value as evidenced by Glass's Guide (adjusted for mileage and condition at the time of purchase), whichever is the lower.
    We reserve the right to inspect any vehicle which becomes the subject of a claim under the HPI Guarantee, at our own cost. If we do provide an independent inspection, its conclusions will be final, unless they contain an obvious error.
  9. Limit of Indemnity

    The maximum limit of indemnity under the HPI Guarantee in respect of a failure to acquire good title is £30,000. Where your claim relates to a reduction in the market value of the vehicle, the HPI Guarantee will not exceed 50% of the market value of the vehicle, or £15,000, whichever is the lower.
  10. Conditions of HPI Guarantee

    1. 10.1 To qualify for the HPI Guarantee, you must comply with all of the following conditions before buying your vehicle:
      1. 10.1.1 ensure that the vehicle is accompanied by a full and current V5/Logbook from the Driver and Vehicle Licensing Agency, and provide us with the serial number and issue date from it;
      2. 10.1.2 check that all the vehicle information provided by us as part of the AA Car Data Check matches the vehicle itself and the corresponding V5/Logbook, and you must notify us immediately of any discrepancies so that we can investigate. This information includes, but is not limited to, the vehicle's make, model and derivative, engine size, colour, transmission, fuel type and door plan;
      3. 10.1.3 supply us with the Vehicle Identification Number ("VIN"), Vehicle Registration Mark ("VRM")and the serial number and issue date from the Vehicle Registration Document ("V5/Logbook") at the time of your AA Car Data Check prior to purchase of the vehicle
      4. 10.1.4 check that all the VIN markings on the vehicle match each other and the corresponding V5/Logbook; and
      5. 10.1.5 obtain a written statement or receipt signed by the seller of the vehicle, containing details of the vehicle's VRM and mileage, the date of purchase, the amount paid and the seller's name and address.
      6. 10.1.6 If the vehicle is bought privately then you must purchase it from the keeper and at the address stated on the V5/logbook. You must verify the identity of the seller against those on the V5/logbook.
    2. 10.2 In the event you are made aware of a potential claim, you must make reasonable efforts to contact the seller of the vehicle (either by telephone, or if a dealer purchase, by visiting the premises) in order to resolve the issue and recover the loss, unless expressly requested not to do so by the Police. We reserve the right to withhold settlement of any claims until we are satisfied that all reasonable efforts have been made
  11. Exclusions of HPI Guarantee

    1. 11.1 Information we provide on a vehicle's description, value, mileage and accompanying documentation (its V5/Logbook or MOT) is not covered by the HPI Guarantee.
    2. 11.2 The HPI Guarantee does not guarantee the condition of any vehicle.
    3. 11.3 Unless we subsequently confirm that a discrepancy or fact is no longer applicable, the HPI Guarantee will not cover any Loss which:
      1. 11.3.1 results from any discrepancy or fact revealed by your AA Car Data Check (including discrepancies between the VRM and VIN of your vehicle);
      2. 11.3.2 relates to a vehicle which is recorded on our Stolen Vehicles and/or Security Watch registers; or
      3. 11.3.3 relates to a vehicle which your AA Car Data Check indicates has a mileage discrepancy or has been the subject of an odometer change
    4. 11.4 The HPI Guarantee will also not apply if:
      1. 11.4.1 you conduct the AA Car Data Check after buying the vehicle;
      2. 11.4.2 we have not received full payment for the AA Car Data Check;
      3. 11.4.3 your claim arises from an event that occurred after the AA Car Data Check was carried out;
      4. 11.4.4 the vehicle is registered outside mainland Britain at the time of conducting the AA Car Data Check, for example, in Northern Ireland, Jersey, Guernsey or the Isle of Man;
      5. 11.4.5 you buy the vehicle outside mainland Britain, for example if you source it yourself from mainland Europe, Northern Ireland, Jersey, Guernsey or the Isle of Man;
      6. 11.4.6 you intentionally supply us with incorrect or incomplete information, or do not co-operate with us and our agents (and, in any case involving stolen vehicles, the police) in progressing your claim under the HPI Guarantee;
      7. 11.4.7 you are unable to provide us with reasonable proof of payment for the vehicle;
      8. 11.4.8 you are actually aware at the time of your AA Car Data Check of relevant information relating to the vehicle (for example, that the vehicle is stolen, or is or has been an insurance write-off) and this subsequently forms the basis of your claim under the HPI Guarantee;
      9. 11.4.9 title of the vehicle has transferred to another party since the date of your check
      10. 11.4.10 the vehicle has been damaged, but has not been established to our satisfaction as having been written off/declared an Insurance Loss.
      11. 11.4.11 the vehicle has not been classified as a category write-off on the ABI insurance register, for example if self insured or a third party claim
      12. 11.4.12 if the purchase price of the vehicle is 30% below the retail market value.
      13. 11.4.13 if the vehicle is purchased without a valid MOT test certificate, where required.
      14. 11.4.14 the vehicle purchased is registered with a VRM under a "Q" prefix or suffix.
      15. 11.4.15 you are a motor trader by trade or the vehicle has been bought to be sold on for profit; and
      16. 11.4.16 any vehicle purchased through a salvage agent or salvage auction.
    5. 11.5 The HPI Guarantee will not cover you for "cloned" vehicles (a vehicle that has been stolen and given a false identity), where the purchase price of the vehicle was greater than £3,000 and the purchase of the vehicle was made with cash. (The other terms of your guarantee are not affected.) We recommend that all vehicles are paid for via the banking system, such as, cheque or Bankers draft.
    6. 11.6 We reserve the right to refuse any claim if you sell the vehicle (without having obtained our prior written permission) after the time which you became aware of any interest that is recorded on our registers.
    7. 11.7 HPI's data sources are UK-based. Therefore, if the vehicle has been previously registered in another country, the AA Car Data Check will only reveal information relating to the period after it was first registered in mainland Britain. Accordingly you cannot make a claim under the HPI Guarantee for any event which occurred prior to first registration in mainland Britain (whether or not the AA Car Data Check displays a "previously used abroad before 1st registration with the DVLA" marker in relation to the vehicle).
    8. 11.8 Any loss arising as a result of a fraudulent transaction which prevents legal title being passed to you.
  12. Claims Procedure

    1. 12.1 If you wish to make a claim under the HPI Guarantee, you must inform us as soon as possible after you become aware of the events giving rise or potentially giving rise to the claim (and in any event within the Guarantee Period).
    2. 12.2 We will issue a claim form for you to complete and return, together with evidence of the AA Car Data Check, your proof of purchase for the Vehicle and other relevant documentation. Your claim will be dealt with by our administrators, who will contact you promptly.
  13. Miscellaneous

    1. 13.1 You may not transfer, assign or in any way make over to any third party the benefit of the Contract or any part of it (including without limitation the HPI Guarantee).
    2. 13.2 Neither you nor we shall be liable to the other for any delay in or failure to perform any of our respective obligations under the Contract due to any cause beyond your or our reasonable control.
    3. 13.3 Nothing contained in these Terms will affect any of your statutory rights relating to the services which we supply to you if you are a consumer.
    4. 13.4 If any provision of the Contract is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
    5. 13.5 Relevant United Kingdom law will apply to the Contract and the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to the Contract.
  14. Version: AACV1.2